Shamima Rahman ; Supreme Court — The High Court on Monday issued a rule asking the government to explain why certain provisions of the Labor Act and the Bangladesh Service Rules (BSR) that restrict maternity leave and benefits should not be declared unconstitutional.
The division bench of Justice Fahmida Quader and Justice Md. Asif Hasan passed the order following a writ petition filed to secure and safeguard the maternal rights of working women across Bangladesh.
The court has directed key government officials—including the Cabinet Secretary, two Secretaries of the Ministry of Law, and the Secretaries of Public Administration, Women and Children Affairs, Social Welfare, and Health—to respond to the rule.
Challenge to Regulatory Limitations
The legal challenge specifically targets Sections 46(1) and 46(2) of the Bangladesh Labor Act, alongside Rules 197(1) and 197(1A) of the Bangladesh Service Rules (BSR).
Under the current legal framework, these provisions place stringent conditions and caps on a mother’s eligibility for welfare benefits.
The writ petition was formally moved in court by prominent lawyer Ishrat Hasan, who argued that these restrictive measures undermine the fundamental rights guaranteed to citizens under the constitution.
The petition was initially filed on June 15 with the objective of ensuring comprehensive maternity protection for all working women.
The Contentious Provisions
The legal debate centers on clauses that disqualify women from receiving financial support and time off during a critical period. According to Section 46(1) of the Labor Act:
“Every female worker shall be entitled to maternity welfare benefits for a period of 60 days immediately preceding the expected date of her delivery and 60 days immediately following the delivery. Provided that, no woman shall be entitled to such benefits unless she has worked for at least six months immediately preceding her delivery.”
Furthermore, Section 46(2) completely bars a mother from receiving these benefits if she already has multiple children, stating:
“No such benefit shall be payable to a woman if she has two or more surviving children at the time of her delivery.”
Legal experts argue that capping benefits based on tenure or family size leaves vulnerable workers exposed to economic hardship and health risks, contrasting sharply with national commitments to maternal health and gender equality.
The High Court’s latest intervention opens the door for a comprehensive review of how state and private institutions treat maternity welfare in Bangladesh.